ARLTARLPILTA COMMUNITY GOVERNMENT SCHEME (Repealed)
This legislation has been repealed.
[This Regulation commenced on 17 March 2004 and was repealed by the LOCAL GOVERNMENT ACT 2008, NO. 12 which commenced on the 01 July 2008.]
ARLTARLPILTA COMMUNITY GOVERNMENT SCHEME
ARLTARLPILTA COMMUNITY GOVERNMENT SCHEME
As in force at 17 March 2004
TABLE OF PROVISIONS
Clause
NORTHERN TERRITORY OF AUSTRALIA
____________________
This reprint shows the Community Government
Scheme as in force at
17 March 2004. Any amendments
that commence after that date are not included.
____________________
ARLTARLPILTA COMMUNITY GOVERNMENT SCHEME
Community Government Scheme under the Local Government Act
PART 1 – PRELIMINARY
The name of this scheme is the Arltarlpilta Community Government Scheme.
In this scheme, unless the contrary intention appears –
"candidate" means a person who has been nominated and accepted, under clause 22, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations;
"clerk", for the purposes of Part 4, except clauses 41 and 42, includes the Electoral Commission and a person appointed to conduct an election under clause 41;
"council" means the Arltarlpilta Community Government Council;
"election day" means a day fixed under clause 16 for the holding of an election;
"election notice" means a notice under clause 19;
"electoral roll" means a roll prepared in accordance with clause 15;
"member" means a member of the council and includes the Chairperson and Vice-Chairperson and a person authorised under clause 9;
"mobile polling team" means a mobile polling team authorised under clause 18;
"mobile polling team leader" means a polling official appointed by the clerk to head a mobile polling team;
"polling official" means an official appointed under clause 25;
"polling place" means a place set aside under clause 26 for the purposes of an election;
"voter" means a person intending and entitled to vote at an election;
"ward" means a ward named in clause 4.
The community government area to which this scheme applies comprises all those parcels of land indicated on the plan in Schedule 1, and described in Schedule 2 as wards, and containing approximately 12.13 km2.
The wards that constitute the community government area are –
(a) the Atitjere ward;
(b) the Foxall's Well ward;
(c) the Irrerlirre ward;
(d) the Mount Eaglebeak ward; and
(e) the Unpayekenhe ward,
each of which is more particularly described in Schedule 2.
PART 2 – COUNCIL
The name of the community government council which administers the community government area is the Arltarlpilta Community Government Council.
(1) The council consists of 9 members, being –
(a) 2 members to represent the Atitjere ward;
(b) 2 members to represent the Foxall's Well ward;
(c) 2 members to represent the Irrerlirre ward;
(d) 2 members to represent the Mount Eaglebeak ward; and
(e) 1 member to represent the Unpayekenhe ward,
who are to be declared, authorised or elected in the manner provided by this scheme.
(2) Subject to this scheme, the term of office of a member expires upon the declaration of the results of the next election (not being a by-election).
(3) The office of a member becomes vacant if the member ceases to be enrolled as an elector or if he or she ceases to be ordinarily resident in the community government area.
(1) The council is to have a Chairperson and Vice-Chairperson, who are to be chosen in that order by the members from among their own number at the council's first meeting after its election and, after that, as occasion may require.
(2) A member is not to be elected to an office referred to in subclause (1) if, on election, the member would represent the same ward as that represented by the holder of the other office referred to in that subclause.
(3) Subject to subclause (4), the Chairperson and Vice-Chairperson each hold office during the pleasure of the council.
(4) The Chairperson or Vice-Chairperson may resign from office at any time by giving written notice to the clerk.
(5) The office of the Chairperson or Vice-Chairperson becomes vacant if the holder ceases to be a member of the council.
(6) The Vice-Chairperson is to act as Chairperson during any vacancy in that office, and is to exercise the powers, perform the functions and discharge the duties of the Chairperson when the Chairperson is absent from the community government area or from a meeting of the council or is unable to perform the functions of office.
(1) The council must meet to transact its business not less than once each month.
(2) The date, time, and place within the community government area of a council meeting is to be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for that purpose.
(3) The Chairperson may call a special meeting of the council by giving at least 2 days notice to the members.
(4) By giving the Chairperson written notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members or 6 or more electors may require the Chairperson to call a special meeting of the council, and the Chairperson must call that meeting for a date not later than 7 days after the day on which the notice is received, and must notify the members accordingly.
(5) Where a special meeting is to be held under subclause (3) or (4), the clerk must cause written notice of the special meeting to be prominently displayed at a place in each ward which he or she considers likely to be frequented by residents.
(6) A notice under subclause (5) is to specify the date, time and place of the special meeting and the reason for it being called.
(7) Where a member is absent from 3 consecutive meetings of the council –
(a) without the prior consent of the council; or
(b) for reasons which the council does not accept as satisfactory,
the clerk must declare that person to be no longer a member, and the office to be vacant.
(1) A member proposing to be absent from a meeting of the council may authorise in writing an elector from that member's ward to attend the meeting in the member's place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.
(2) An authorisation under clause (1) is valid for one meeting only, and –
(a) a purported authorisation relating to 2 or more consecutive meetings, in respect of the second and subsequent meetings; or
(b) a purported authorisation for a meeting next after a meeting already attended by an authorised person,
has no effect.
Meetings of the council are to be open to persons who are not members or officers or employees of the council unless the council determines that a meeting, or part of a meeting, is to be closed.
(1) Meetings of the council are to be presided over by the Chairperson or, in the Chairperson's absence, by the Vice-Chairperson or, in the absence of both the Chairperson and Vice-Chairperson, by a member chosen by the other members present from amongst their number.
(2) The council is to determine its own procedure at meetings, subject to any standing orders it may make from time to time.
(3) The council must keep a record of its proceedings.
(4) The quorum for a meeting of the council is to be the majority of the members then in office, and must include at least one representative of the Foxall's Well ward, one representative of the Irrerlirre ward, one representative of the Mount Eaglebeak ward and one representative of either the Atitjere ward or the Unpayekenhe ward.
(5) Questions before a meeting of the council are to be decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter is to be taken to have been defeated.
PART 3 – FUNCTIONS AND POWERS OF COUNCIL
The council may perform the following functions:
(a) the establishment, development, operation and maintenance of communication, television and radio broadcasting facilities for the community government area, and for this purpose the council may, for reward, act as agent for any provider of those facilities;
(b) the establishment and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;
(c) the establishment and maintenance of sports facilities, libraries, cinemas, community halls, public toilets, ablution blocks, laundry facilities, swimming pools and museums;
(d) the provision of services for the collection and disposal of garbage, the provision and maintenance of particular places where garbage may be dumped, and the control of litter generally and the provision and maintenance of sanitation, sewerage, drainage and water supply facilities and the removal of health hazards;
(e) the collection, as an agent and for reward, of electricity, water and sewerage charges;
(f) the provision of adult education and of vocational and other training;
(g) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;
(h) the management of community employment programs and the carrying out as agent (whether or not for reward) of activities relating to the provision of social security services or benefits;
(j) the promotion and provision of community welfare, health and care facilities for all age groups;
(k) the prevention and control of substance abuse;
(m) the provision and maintenance of cemeteries;
(n) the control, prohibition or impounding of animals;
(p) the development and maintenance of roads within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads outside the community government area;
(q) the provision and maintenance of airstrips and related facilities;
(r) the hiring out, for reward, of any vehicle, plant, appliance or equipment belonging to the council and the repair and maintenance, for reward, of any vehicle, plant, appliance or equipment not owned by the council, and the selling of goods or equipment purchased by the council for or in connection with any enterprise and found to be in excess of the council's immediate needs;
(s) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;
(t) the establishment and operation of pastoral and commercial enterprises;
(u) the establishment and maintenance of a firefighting service, including the acquisition of property and equipment and training of personnel for the service, and the protection of the community government area from fire;
(w) the promotion and development of tourist attractions and facilities within the community government area and the production and selling of artefacts and souvenirs;
(y) the management and control of sites of historic interest;
(z) the support and encouragement of artistic, cultural and sporting activities;
(za) the control of public places.
(1) Subject to subclause (2), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.
(2) Land is not ratable if it is land of a description which would be exempt from rating by a council of a municipality under section 58(2) of the Act.
(3) Without limiting the powers of charging conferred on the council by section 122(3)(a) of the Act, charges are payable by reason of a person's residence in the community government area, or his or her carrying on a business in the area or having an interest in ratable land in the area, whether or not that person uses any service provided.
(4) The council may exempt land or persons, or any class of land or persons, from all or part of the rates or charges for which they would otherwise have been liable under this clause.
(5) The council may, where a group gives its consent, take control of and manage activities of that group which are consistent with the council's functions.
PART 4 – ELECTIONS
A person is eligible to vote at a council election in respect of the ward in which he or she resides or is a traditional owner if that person –
(a) is enrolled or is entitled to be enrolled as an elector within the meaning of the Electoral Act; and
(b) either –
(i) has ordinarily resided in the community government area for not less than 6 months immediately before the close of the rolls under clause 15(4); or
(ii) is a traditional owner in respect of land in the ward, whether or not ordinarily resident in the community government area.
(1) The clerk must maintain for each ward, by such means as he or she thinks fit (including by electronic means or the use of a roll under the Electoral Act), an electoral roll of the full names and addresses of persons who are eligible to vote at elections.
(2) A resident or a traditional owner may inspect the electoral rolls at the office of the council during the hours the office is open for business.
(3) A person who is otherwise eligible but is not enrolled may apply for enrolment in such manner as the clerk approves.
(4) The clerk must close the electoral rolls at 12 noon on the day occurring 21 days before election day.
(5) Except as provided by clause 30(2) or to correct an oversight in the making up of a roll, the clerk must not add any name to a roll in the period between its closure and the conclusion of the election.
(1) For the purposes of this
clause, "election" does not include a
by-election.
(2) The first election is to be held not later than 3 months after the date on which this scheme comes into effect, on a day to be fixed by the Minister, and subsequent elections are to be held on a day, to be fixed by the council, in the same month as the first election was held in each second year after the end of the year in which the first election was held.
(3) Where an election is held under clause 42, subsequent elections are to be held every second calendar year in the same month as the first election under subclause (2).
(1) The clerk must, not less than 28 days before election day, determine –
(a) subject to subclause (2), the period that each polling place is to open and remain open on election day; and
(b) the place where the vote is to be counted.
(2) The period determined by the clerk under subclause (1)(a) is the period the clerk considers will be sufficient to give voters who wish to vote the opportunity to do so, but in any case each polling place must not remain open after 6 pm on that day.
(1) The clerk may authorise the use of mobile polling booths under the control of a mobile polling team and mobile polling team leader for the purposes of casting votes at an election.
(2) A mobile polling team may commence polling during the week immediately preceding election day.
(3) The clerk must, not less than 28 days before election day, determine the places where, and the dates and times between which, polling may be conducted by mobile polling teams.
(4) A mobile polling booth, when in operation, is to be deemed to be a polling place set aside under clause 26.
(1) The clerk must give not less then 28 days notice that an election is to be held.
(2) An election notice is to be prominently displayed at such places in each ward as the clerk considers likely to reasonably ensure that all residents who are eligible to vote have notice of the election.
An election notice is to specify –
(a) the date and time of closure of the electoral rolls;
(b) the persons who may nominate other persons, and who may be nominated, as candidates for a ward;
(c) the date and time before which nominations of candidates must be lodged with the clerk;
(d) the manner in which nominations are to be lodged;
(e) the date of the election, the polling places and the times during which each polling place is to be open on election day;
(f) the places where, and the times and dates between which, polling may be conducted by mobile polling teams; and
(g) the place at which the vote is to be counted,
and is to also contain a statement that only persons whose names are on the electoral rolls are entitled to vote at the election.
(1) If a mobile polling team is unable to be at a place on a date or during the times specified in an election notice, the mobile polling team leader –
(a) may substitute another place for the specified place; or
(b) may change or vary a specified date or time.
(2) When a mobile polling team leader, under subclause (1), substitutes another place or changes or varies a date or time, the leader must –
(a) take such steps as the leader considers necessary or convenient to give notice in the community government area of the substitution, change or variation; and
(b) inform the clerk of the substitution, change or variation.
(3) An election or the result of an election may not be invalidated on the grounds that a mobile polling team failed to attend at a place or on a date or during the times specified in an election notice or at a place, on the date or during the times as substituted, changed or varied under this clause by a mobile polling team leader.
(1) A person is eligible for nomination as a member of the council if he or she is enrolled for a ward under clause 15.
(2) A person who is enrolled for a ward under clause 15 may, by lodging a written nomination with the clerk, nominate for election to the council another person or persons from the same ward who are eligible for nomination under subclause (1).
(3) The clerk must not accept a nomination unless satisfied –
(a) that it sufficiently identifies the proposed candidate; and
(b) that the proposed candidate is eligible under subclause (1) to be nominated and has consented to the nomination.
(4) A candidate may withdraw consent to his or her nomination at any time before the close of nominations.
(5) Nominations of candidates for election are to close at 12 noon on the day occurring 14 days before election day.
(6) As soon as practicable after nominations have closed, the clerk must display in each ward, in the same places as the election notice, a list showing the names of each candidate for the ward.
(1) Where, at the close of nominations under clause 22(5), there are not more than –
(a) 2 candidates for the Atitjere ward;
(b) 2 candidates for the Foxall's Well ward;
(c) 2 candidates for the Irrerlirre ward;
(d) 2 candidates for the Mount Eaglebeak ward; or
(e) 1 candidate for the Unpayekenhe ward,
the clerk must, by a notice displayed in the same places as the election notice, declare that candidate or those candidates to be a member or members of the council.
(2) Where, at the close of nominations, the number of candidates exceeds –
(a) 2 candidates for the Atitjere ward;
(b) 2 candidates for the Foxall's Well ward;
(c) 2 candidates for the Irrerlirre ward;
(d) 2 candidates for the Mount Eaglebeak ward; or
(e) 1 candidate for the Unpayekenhe ward,
an election for that ward or those wards to decide among them is to be held on election day.
(3) Where a declaration or declarations has or have been made under subclause (1), the clerk must forward a copy of each notice to the Minister not later than 10 days after the close of nominations.
(4) If a candidate dies or withdraws between the close of nominations and election day, and the effect of the death or withdrawal is to reduce the number of candidates for a ward to the number of members required for a ward, subclause (1) is to apply, with the necessary changes, as if the candidate had died or withdrawn before the close of nominations.
(1) Where an election is to be held under clause 23(2), the clerk must cause ballot-papers to be prepared or printed in sufficient numbers for the purposes of the election.
(2) The clerk must determine, by lot, the order of the names of the candidates on the ballot-papers.
(1) Subject to subclause (2), the clerk may, by written notice, appoint polling officials to assist in conducting an election and, in respect of a mobile polling team, appoint one of the polling officials constituting the team to be the mobile polling team leader.
(2) The clerk must not appoint a member of the council, a candidate, or a spouse or de facto partner of a member or candidate, to be a polling official.
(3) The clerk and polling officials are to conduct voting at the polling places.
(1) The clerk must set aside a polling place or polling places in each ward in which an election is to be held.
(2) A polling place must have separate polling booths constructed so as to screen a voter from observation other than by the clerk, a polling official or a person appointed to assist the voter under clause 32(8), while marking a ballot-paper.
The clerk must provide within a polling place a ballot-box which is to have a securely fitted or fastened lid and have a slit in the upper side through which ballot-papers may be put into the ballot-box.
(1) The clerk or a polling official must, at a polling place (including a mobile polling booth), immediately before the polling place is opened for voting and in the presence of a person who is eligible to vote but is not a candidate, exhibit the ballot-box empty, securely fit or fasten its lid and ensure that it remains securely fitted or fastened during the hours of polling.
(2) Unless the votes are to be counted immediately after the close of the poll at the polling place at which the votes are taken, the clerk or polling official must, at the close of the poll and in the presence of any scrutineers who may be in attendance, publicly close and seal the ballot-box and forward it to the place specified under clause 20(g) for the counting of votes.
(1) A candidate may, by written notice, appoint persons to be scrutineers for the candidate for the purposes of the election.
(2) One scrutineer for each candidate is entitled to remain in each polling place with the clerk or polling officials to observe the conduct of the voting and is also entitled to observe the counting of votes wherever carried out.
(3) A scrutineer must not disclose to a person anything relating to the vote of a voter.
(1) Subject to subclause (2), a person whose name appears on the electoral roll for a ward must vote, and a person whose name does not appear on the roll is not entitled to vote, at an election.
(2) Where the clerk is satisfied that a person whose name has not been entered on the roll is eligible under clause 14 to vote, the clerk must, on the person signing a declaration that an application for enrolment was made before the closure of the roll under clause 15(4) –
(a) alter the roll by entering the person's name on it;
(b) initial the alteration; and
(c) then permit that person to vote.
A voter and any person assisting the voter under clause 32(8), other than the clerk, a polling official or scrutineer, may remain in the polling place only for the time necessary for the voter to vote.
(1) A voter at a polling place must state his or her name to the clerk or a polling official, who must –
(a) check that the name appears on an electoral roll;
(b) if a line has not been drawn through that name, draw a line through the name or, where the clerk has provided for or prescribed another method of indicating that a ballot-paper has been issued, and that method has not been complied with, comply with that method; and
(c) initial the back of a ballot-paper for the ward in which the voter is enrolled and hand the ballot-paper to the voter.
(2) The voter must take the ballot-paper into an unoccupied booth and vote by placing on the ballot-paper an "X" –
(a) where he or she is voting for the Atitjere ward, the Foxall's Well ward, the Irrerlirre ward or the Mount Eaglebeak ward, in the boxes opposite the names of the 2 candidates of the voter's choice; or
(b) where he or she is voting for the Unpayekenhe ward, in the box opposite the name of the one candidate of the voter's choice.
(3) Where a voter spoils a ballot-paper or marks it in a way that was not intended, the voter may return it to the clerk or polling official who must write "spoilt" across the front of it, initial the back of a new ballot-paper and give the new ballot-paper to the voter.
(4) The clerk must retain spoilt ballot-papers to be dealt with under clause 38.
(5) Subject to subclause (8), when the voter has completed the ballot-paper the voter must fold it to conceal the names of the candidates and place it in the ballot-box.
(6) A voter may vote only once at an election.
(7) Subject to subclause (8), a voter must enter a booth alone and must not mark a ballot-paper issued to another person.
(8) Where the clerk or polling official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance, the voter may appoint a person to assist him or her, and the clerk or polling official must permit that person to accompany the voter into a booth and mark the ballot-paper in accordance with the voter's instructions and deposit it in the ballot-box.
(1) A person whose name appears on the electoral roll who –
(a) is ill, infirm or for religious reasons unable to attend a polling place;
(b) will be absent from the community government area during the hours when a polling place will be open; or
(c) will be unable to attend a polling place in person on election day,
may apply in person or in writing to the clerk for a postal ballot-paper.
(2) An application in writing for a postal ballot-paper is to give an address to which the ballot-paper may be posted or delivered by hand in a sealed envelope.
(3) Where, before election day, the clerk receives an application for a postal ballot-paper and the name of the applicant is on the electoral roll, the clerk must –
(a) hand or send to the applicant a ballot-paper, initialled by the clerk, for the ward in which the applicant is enrolled, together with a self-addressed envelope marked with the words "Ballot-paper"; and
(b) write the letters "PBP" against the name of the applicant on the electoral roll or, where the clerk has provided for or prescribed another method of indicating that a postal ballot-paper has been issued, comply with that method.
(4) An applicant who receives a postal ballot-paper must vote in accordance with clause 32(2) (other than the requirement to enter a booth).
(5) After an applicant for a postal ballot-paper has voted, the ballot-paper is to be returned in the marked self-addressed envelope to the clerk.
(6) Where the clerk, on or before 6 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk must place the envelope, unopened, in a ballot-box in use in the election and the envelope must be opened and the vote counted in accordance with clause 34.
(7) Where the clerk, after 6 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk must mark the envelope "rejected" and the votes on that ballot-paper are not to be counted.
(8) The clerk must retain envelopes marked "rejected" to be dealt with under clause 38.
(1) After the close of polling on election day and as soon as voting has finished, the clerk and polling officials must, at the place specified under clause 20(g) for the counting of votes and in the presence of a scrutineer or at least one other person who is eligible to vote but is not a candidate –
(a) open each ballot-box, count the number of ballot-papers (including postal ballot-papers) and prepare a written statement which sets out the number of ballot-papers in the boxes as compared with the number of names on the electoral rolls which have lines drawn through them or against which the letters "PBP" have been written or which are otherwise marked to indicate that a ballot-paper has been issued; and
(b) after the statement has been prepared, count the votes received by each candidate.
(2) During the counting of votes the clerk must, subject to subclause (3), set aside as an informal vote a ballot-paper, to be dealt with under clause 38, where the voter has failed to comply with clause 32(2) or 33(4).
(3) A ballot-paper is not to be set aside under subclause (2) –
(a) by reason only that the voter has marked it otherwise than in the manner required by clause 32(2) or 33(4) if, in the opinion of the clerk, the voter has shown clearly the candidate or candidates for whom he or she intended to vote; or
(b) because the voter has voted for less than the required number of candidates.
(4) The clerk must, immediately after counting the votes, prepare and sign a certificate stating –
(a) the names of the polling officials who assisted in the count;
(b) the names of the scrutineers who attended the count;
(c) the number of formal ballot-papers;
(d) the number of votes received by each candidate;
(e) the number of postal ballot-papers issued by the clerk and the number of them included in the count; and
(f) the number of informal ballot-papers.
(1) The clerk may, if the clerk thinks it desirable or on the written request of a candidate, re-count the votes at any time before a candidate is declared to be elected under clause 36.
(2) A request under subclause (1) is to contain a statement of the reasons for the request.
(1) The clerk must, as soon as practicable after the votes for a ward have been counted, declare the result of the election for the ward at that place and also by a notice displayed in the same places in the ward as the election notice is or was displayed.
(2) A notice under subclause (1), in respect of each ward, is to –
(a) list the names of candidates for the ward arranged in the same order as they appeared on the ballot-paper for the ward and state the number of votes received by each candidate; and
(b) subject to subclause (3), declare the 2 candidates for the Atitjere ward, the 2 candidates for the Foxall's Well ward, the 2 candidates for the Irrerlirre ward, the 2 candidates for the Mount Eaglebeak ward or the one candidate for the Unpayekenhe ward, as the case may be, with the most votes elected, as the member or members of the council for the ward.
(3) Where compliance with subclause (2)(b) is impossible by reason of an equality of votes between 2 or more candidates, the clerk must arrange for lots to be drawn to decide which of the candidates is to be declared elected, and the clerk's notice under subclause (1) is to state that the person or persons declared under this subclause was or were selected by lot.
Not later than 10 days after an election day, the clerk must forward to the Minister –
(a) the certificate signed by the clerk under clause 34(4); and
(b) a copy of each notice given by the clerk under clause 36(1).
After the counting of the votes has been completed, the clerk must keep the ballot-papers in a sealed package unopened for 6 months and must then destroy the unopened package.
(1) If it appears to the clerk to be necessary or desirable to do so by reason of –
(a) riot or open violence;
(b) fire, storm, tempest or flood or a similar occurrence; or
(c) any other event which, in the opinion of the clerk, may temporarily prevent or discourage significant numbers of voters from voting on a day set aside for an election,
the clerk may adjourn polling at an election in any or all wards from day to day to a maximum of 21 days and may modify the itinerary of a mobile polling team accordingly.
(2) The clerk must take such steps as the clerk considers necessary and practicable to inform persons entitled to vote of an adjournment under subclause (1).
(3) Where polling has been adjourned under subclause (1), clause 33(6) and (7), clause 34(1) and clause 37 are to have effect as if the reference to election day were a reference to the day on which voting is finally concluded in all wards.
(1) Subject to clause 42, where the office of a member representing a ward is or becomes vacant for any reason, a person who –
(a) was the highest polling unsuccessful candidate in the most recent election (including a by-election) for that ward; and
(b) is eligible and willing to be a member,
is, subject to subclause (2)(b), a member of the council.
(2) Where –
(a) no person fulfills the requirements of subclause (1); or
(b) 2 or more people fulfill the requirements of subclause (1),
a by-election is to be held to fill the vacancy unless a general election is required, under clause 16, to be held not later that 6 months after the date the office became vacant.
(3) Where a by-election is to be held under this clause, the provisions of this scheme, with the necessary changes, are to apply to the calling and conduct of the election.
Where a new council is to be elected under this scheme and the clerk is also a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.
(1) If all the members of the council cease to be members, or a quorum is not present at 3 consecutive meetings at the place and within 1 hour after the time specified for each council meeting, the clerk is to be deemed to constitute the council for the purposes of –
(a) determining the date of an election of a new council; and
(b) exercising a power of the council under this scheme until the declaration of the results of the election of the new council under this clause.
(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council, the date determined is to be as soon as is practicable and, in any case, not later than 3 months after the event giving rise to the determination.
(3) Notwithstanding subclause (2), if the period of 3 months referred to in that subclause expires during the same month in which a general election of members would otherwise be held, the clerk must determine the date of the election to be on a day of that month.
(4) The term of office of a council elected under this clause expires on the declaration of the result of the next general election held under clause 16.
(5) For the purposes of exercising a power of the council referred to in subclause (1)(b), the clerk may appoint a person whose name appears on the electoral roll as an assistant to the clerk.
Clause 3
ARLTARLPILTA COMMUNITY GOVERNMENT AREA
Clause 4
ARLTARLPILTA COMMUNITY GOVERNMENT COUNCIL WARDS
ATITJERE WARD
All that parcel of land near Mount Riddock in the Northern Territory of Australia containing an area of 223.9 hectares more or less being Northern Territory Portion 2431 and being more particularly delineated on survey plan S83/39 lodged with the Surveyor General, Darwin, and shown on the plan below.
FOXALL'S WELL WARD
All that parcel of land near Mount Riddock in the Northern Territory of Australia containing an area of 258.8 hectares more or less being Northern Territory Portion 4167 and being more particularly delineated on survey plan S92/73 lodged with the Surveyor General, Darwin, and shown on the plan below.
IRRERLIRRE WARD
All that parcel of land near Mount Swan in the Northern Territory of Australia containing an area of 259.9 hectares more or less being Northern Territory Portion 3609 and being more particularly delineated on survey plan S88/60 lodged with the Surveyor General, Darwin, and shown on the plan below.
MOUNT EAGLEBEAK WARD
All that parcel of land near Huckitta in the Northern Territory of Australia containing an area of 211.5 hectares more or less being Northern Territory Portion 4235 and being more particularly delineated on survey plan S92/93 lodged with the Surveyor General, Darwin, and shown on the plan below.
UNPAYEKENHE WARD
All that parcel of land near Mount Riddock in the Northern Territory of Australia containing an area of 259 hectares more or less being Northern Territory Portion 4166 and being more particularly delineated on survey plan S92/72 lodged with the Surveyor General, Darwin, and shown on the plan below.
1. KEY
Key to abbreviations
amd = amended od = order
bl = by-law om =
omitted
ch = Chapter pt = Part
cl = clause r =
regulation/rule
div = Division renum = renumbered
exp =
expires/expired rep = repealed
f = forms s =
section
Gaz = Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins = inserted SL = Subordinate
Legislation
lt = long title sub = substituted
N/C = not
commenced
2. LIST OF LEGISLATION
|
Arltarlpilta Community Government Scheme
|
|
|
Notified
|
22 October 1997
|
|
Commenced
|
22 October 1997
|
|
Law Reform (Gender, Sexuality and De Facto Relationships) Act
2003 (Act No. 1, 2004)
|
|
|
Assent date
|
7 January 2004
|
|
Commenced
|
17 March 2004 (s 2 and Gaz G11, 17 March 2004, p 8)
|
|
Electoral (Consequential Amendments) Act 2004 (Act No. 12,
2004)
|
|
|
Assent date
|
1 March 2004
|
|
Commenced
|
15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004) and
Gaz S6, 15 March 2004)
|
3. LIST OF AMENDMENTS
cl 2 amd Act No. 12, 2004, s 7
cl 14 –
15 amd Act No. 12, 2004, s 7
cl 25 amd Act No. 1, 2004, s 63